ON THE ESSENTIAL CONTESTEDNESS OF THE CONCEPT OF LAW: GALLIE’S FRAMEWORK APPLIED TO THE CONCEPT OF LAW Cover Image

О СУШТИНСКОJ СПОРНОСТИ ПОJМА ПРАВА: ГАЛИЈЕВ ОКВИР ПРИМЕЊЕН НА ПОЈАМ ПРАВА
ON THE ESSENTIAL CONTESTEDNESS OF THE CONCEPT OF LAW: GALLIE’S FRAMEWORK APPLIED TO THE CONCEPT OF LAW

Author(s): Bojan Spaić
Subject(s): Philosophy of Law
Published by: Правни факултет Универзитета у Београду
Keywords: Concept of law; Essentially Contested Concepts; Legal Theory; Philosophy of Law;

Summary/Abstract: The main focus of this article is to examine inadequacies of different approaches in defining the concept of law in legal theory. The author suggests that by categorizing the concept of law as an essentially contested concept, one may account for permanent conceptual disputes in legal theory. The author claims that the concept of law fits five descriptive criteria for essential contestedness suggested by Bruce Valter Gallie. He further argues that by adopting this point of view one deflates the value of definitions, understood in terms of necessary and universally valid explanations of a concept, and emphasizes the importance of different conceptions of the key concept in legal theory.

  • Issue Year: 58/2010
  • Issue No: 2
  • Page Range: 213-234
  • Page Count: 22
  • Language: Serbian